Legislature(1993 - 1994)
03/28/1994 01:37 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
JUD - 3/28/94 SENATOR TAYLOR brought SB 279 (DWI LAWS) before the committee and noted that it was the same as HB 445 which was being worked in the e House. It was further noted there was a draft CSSB 279(JUD) for the committee's consideration. C.W. SWACKHAMMER, Deputy Commissioner, Department of Public Safety, explained the Governor introduced the two pieces of legislation based upon Alaska being number three in the nation in alcohol and drug-related traffic fatalities. In 1992, there were 382 major injury accidents involving 550 drivers and 89 fatality accidents involving 125 drivers. The legislation changes the implied consent law to make it applicable to all drivers that are involved in fatal or serious injury accidents. The ability to take blood and urine from the drivers will provide a much needed tool in an attempt to remove drunk drivers from the road. The implied consent is the same as the implied consent for the toxcimeter. Number 080 SENATOR DONLEY pointed out that this doesn't require any reasonable suspicion by the arresting officer that the driver was drinking or was under the influence of alcohol or a drug. MR. SWACKHAMMER agreed, and said the thing that is critical in major injury and fatality accidents is time in terms of alcohol levels or blood levels. He spoke to the positive aspect to the innocent person by taking someone's blood or urine to be able to prove the fact that the individual was not intoxicated or on drugs. He added it will give everyone involved in these injury and fatal accidents some facts to go on. Currently, there is not a process without a search warrant to screen for drugs. SENATOR DONLEY voiced his concern with requiring the ordinary person who was involved in an accident, but who had not caused the accident, into giving blood and urine samples. He wondered want the Supreme Court would say about such a requirement, and he requested that a legal opinion be requested on the question. Number 190 SENATOR TAYLOR stated the committee would take testimony over the Legislative Teleconference Network. STEVE BARNES, testifying from Cordova, related that his wife and child were killed earlier in the month in Anchorage, while traveling to a judo tournament, by a drunk driver who had walked out of a half-way house. He said warrants issued for individuals walking out of half-way houses are not pursued, and he suggested taking care of the problem before it happens by instituting tougher penalties for repeat offenders of DWI. He strongly urged passage of a provision such as contained in HB 542 which would make the fifth DWI offense a class C felony. SENATOR TAYLOR agreed that SB 279 could be amended to include the felony provision. Number 245 SENATOR HALFORD thanked Mr. Barnes for his testimony and his continued interest in benefits to others, and he said he wished it weren't in this situation. SENATOR TAYLOR also expressed the committee's condolences to Mr. Barnes and its appreciation for his testimony. Number 253 PATSY FISHER, a member of the Cordova City Council testifying from Cordova, echoed Mr. Barnes' comments, and said the revocation of licenses is not keeping the drunk drivers off of the road. She urged that the committee take steps to make a third offense a felony, and to impose stiffer penalties so that more lives are not lost because of drunk drivers. Number 265 SENATOR TAYLOR noted that Section 8 on page 7 of the draft committee substitute incorporates the felony for the third offender. It provides that a person would be guilty of a class C felony if convicted of driving while intoxicated and has two previous convictions or more on their record. It also provides for a minimum sentence of imprisonment of 360 days and a fine of not less than $1,000. Number 275 SENATOR HALFORD moved that CSSB 279(JUD) be adopted as a working document. Hearing no objection, the Chairman stated the committee substitute was adopted and was before the committee. SENATOR HALFORD moved that on page 7, line 17, change "$1,000" to "$5,000." Hearing no objection, the amendment was adopted. Number 307 SENATOR DONLEY asked if the new subsection provides for the furloughing of prisoners. SENATOR TAYLOR answered that it does not. SENATOR HALFORD commented that he likes the $5,000 fine, but he has concerns with the cuts that are being made in the Department of Corrections' budget, and he wondered how else the penalties could be increased in a way that would not greatly increase the Corrections' budget. He also suggested that the person who provides a vehicle to a person who has previous DWIs should be penalized as well. Number 330 SENATOR DONLEY expressed his frustration that the House has passed a bill that does away with the requirement that individuals who got DWIs insure all of their vehicles. Number 372 SENATOR LITTLE inquired what the current prison time requirement is for DWIs. JUANITA HENSLEY, Division of Motor Vehicles, Department of Public Safety, said the first offense is a minimum of 72 hours, the second offense is a mandatory 20 consecutive days, the third offense is a minimum of 60 consecutive days, the fourth offense is a minimum of 120 days, the fifth offense is 240 days, and the sixth and subsequent offense is 360 days. SENATOR LITTLE voiced her concern that with the changes made in the committee substitute there will be a dramatic change in the fiscal note by the Department of Corrections. She has a problem with cutting drug and alcohol abuse programs, not adequately funding the prison system, and then passing bills like this. SENATOR TAYLOR pointed out that current law provides that the prisoners pay for the time served if they have the ability to do so. MS. HENSLEY agreed, stating that they pay $60 a day or up to $1,000. Number 420 SENATOR HALFORD questioned if there was a significant difference in a felony with a 360-day sentence versus a 366-day sentence, because he thinks there are provisions in federal law and state law that deal with a felony for which the term of imprisonment exceeds one year. SENATOR TAYLOR agreed that the normal definition of a "felony" is a sentence carrying more than one year. SENATOR HALFORD suggested making it one year instead of 360 days. Number 475 SENATOR DONLEY thought the confiscation of vehicles that are used in the commission of the crime would be the single most effective thing that could be done, even more than locking the offender up. SENATOR TAYLOR asked Margo Knuth of the Department of Law to work with the drafter of the legislation to see if there was a possible way to provide for a forfeiture the court can order without having to go through a rather involved process. MARGO KNUTH agreed to do so, but thinks that there may be constitutional problems. SENATOR HALFORD agreed something needs to be done that hits the vehicle and scares the financial institutions away from insuring and financing cars for DWIs, as well people from loaning their cars to somebody that they know has a DWI. He said economic enforcement has more impact that social enforcement. Number 530 There was some discussion on the delay in the system of offenders going to court and serving their time, etc., and the majority of the people who are driving without a license are people who lost their licenses because of DWIs. MR. SWACKHAMMER agreed, and he pointed out that there are so many driving with license suspended offenses that the system just won't accommodate it. When looking at the problem from a statewide perspective and when looking at the numbers, whether it is the district attorney's office, the courts, or the Department of Corrections, the system just can't handle the load. In terms of priorities of types of criminal cases that are going through, these offenses have taken a back seat. MS. HENSLEY added that there is in excess of 5,500 DWIs a year in Alaska. TAPE 94-27, SIDE A Number 010 MR. SWACKHAMMER discussed the mandatory drug and alcohol testing on drivers causing accidents and the problems the arresting officer has in detecting the use of drugs at the scene of the accident. SENATOR DONLEY thought there should be a legal standard somewhere between "probable cause" and "no cause" that is the ability of the arresting officer to articulate a reasonable suspicion. Number 050 SENATOR TAYLOR stated SB 279 would be held over until the next meeting to look at a possible forfeiture provision.
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