Legislature(2003 - 2004)
05/15/2003 08:45 AM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 170-CRIMINAL LAW/SENTENCING/ PROBATION/PAROLE
CHAIR SEEKINS announced SB 170, version A, to be up for
consideration. He said there were several proposed amendments.
MR. DEAN GUANELI, Chief Assistant Attorney General, said the
amendments they have brought forward are a result of discussions
they had with both the Senate and the House and offer a number
of improvements.
CHAIR SEEKINS said that for them to take any action at this
time, they would have to delete sections 1, 2, 3, 4, and 5,
which are the most controversial parts of the bill that need a
lot of work.
SENATOR FRENCH concurred saying that any change they make in the
law of self-defense has to be made very carefully. Some parts of
the bill are able to move forward this year.
SENATOR OGAN moved a conceptual amendment to delete sections 1 -
5, ending on page 3, line 6. There was no objection and it was
so ordered.
CHAIR SEEKINS said he reviewed section 6 and asked about a
person being made aware of their rights at the point of booking.
SENATOR OGAN said he thought it was a little bit of a bullying
tactic on the part of law enforcement to not allow an attorney
to represent a person, especially if they are under age,
inexperienced or mentally incapacitated in some way.
SENATOR THERRIAULT asked Mr. Guaneli how the system would work
for a minor or a person with diminished mental capacity and
whether there are additional protections.
MR. GUANELI explained that parents of minors have to be
contacted. In the case of a mentally diminished person,
especially if it is a serious crime, the judge decides whether
to admit any confession. Our laws don't give law enforcement the
obligation of deciding at the outset whether they have mental
problems.
SENATOR THERRIAULT said they are talking about the issue of
whether the person has the right to say they want an attorney or
that a person outside of the room has the right to say they want
their son represented by an attorney.
MR. GUANELI said they believe it ought to be the right of the
person, and some third party should not have the right to
interject him or herself into that situation.
SENATOR THERRIAULT said under current law, if a parent has an
attorney show up when his son or daughter is being questioned,
he has to be shown into the room.
MR. GUANELI agreed saying it is the right of the attorney to see
the prisoner.
CHAIR SEEKINS asked if anything in section 6 eliminated that
right.
MR. GUANELI replied that section 6 makes all of those rights the
right of the prisoner to exercise.
CHAIR SEEKINS asked if that came under AS 12.25.150(b).
MR. GUANELI said that is correct. The right to telephone or
otherwise communicate with an attorney is a right under current
law (page 3, line 8); the right to telephone or otherwise
communicate with a relative or friend is also a right. "What
changes is, under number 3, the bill says you have a right to
visit with an attorney if you request it. The current statute
says it's the right of the attorney."
TAPE 03-49, SIDE A
SENATOR OGAN said he still has trouble with denying anyone the
right to talk to an attorney, especially because of a previous
remark made by Mr. Guaneli about anyone who commits a crime is
mentally ill.
CHAIR SEEKINS said they were running out of time and would hold
the bill for further hearings. There being no further business
to come before the committee, he adjourned the meeting at 10:35
a.m.
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