Legislature(2011 - 2012)BELTZ 105 (TSBldg)
04/04/2011 01:30 PM Senate JUDICIARY
Audio | Topic |
---|---|
Start | |
Confirmation Hearing|| Parole Board | |
HB116 | |
SB78 | |
SB30 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | TELECONFERENCED | ||
+ | HB 116 | TELECONFERENCED | |
+= | SB 30 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
= | SB 78 | ||
HB 116-CORRECT SPELLING OF LORAZEPAM/OXYMORPHONE 1:41:47 PM CHAIR FRENCH announced the consideration of HB 116 and asked Mr. Luckhaupt to tell the committee why this needs to be a bill. 1:42:12 PM JERRY LUCKHAUPT, Assistant Revisor of Statutes, Alaska Legal Services, Legislative Affairs Agency, explained that these drugs were misspelled in the initial 1981 drafting request. He intended to correct the misspellings in the regular revisor's bill, but he had to insert an applicability section and decided it was better to address the issue separately. The intention is to do no harm to the criminal law and express that the Legislature did not intend to criminalize the possession of something that doesn't exist. It appears that the Legislature intended to include these other drugs back then, he stated. CHAIR FRENCH asked Mr. Moody if anyone was prosecuted under these misspellings or if it was grounds for dismissal. 1:44:07 PM DOUGLAS MOODY, Deputy Public Defender, Public Defender Agency, said he doesn't recall the misspellings being an issue, but he can't say with 100 percent certainty that no case was ever dismissed because of the misspelling. "I certainly would have argued it if I'd had a lorazepam case and realized that the statute was misspelled," he added. CHAIR FRENCH asked Mr. Luckhaupt if he's absolutely certain that lorazepam and oxymorphone are spelled correctly this time. MR. LUCKHAUPT answered yes and added that oxymorphone is spelled both ways on the DEA website so it took more than a little research to get that one straight. 1:45:44 PM SENATOR WIELECHOWSKI referenced the applicability section on page 4 and questioned the legality of applying it to crimes committed before, on, or after the effective date. MR. LUCKHAUPT explained that this attempts to clarify that this is what the Legislature meant when it added the drugs to the statutes in 1982. Both lorazepam and oxymorphone were part of the federal schedules at the time and this clarification is an attempt to avoid calling into question anyone who may have been prosecuted under the misspellings. It states the intent then, the intent now, and the intent in the future. CHAIR FRENCH asked to what oxymorphone refers. MR. LUCKHAUPT replied it's a semi-synthetic opioid that is often used intravenously as a pain medication. Lorazepam is marketed under the name "Ativan" and is used to relieve anxiety. CHAIR FRENCH commented that in high doses it's a tranquilizer. CHAIR FRENCH found no further questions, discussion, or concern and asked for a motion. 1:49:02 PM SENATOR WIELECHOWSKI moved to report HB 116 am from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection, HB 116 am moved from the Senate Judiciary Standing Committee.
Document Name | Date/Time | Subjects |
---|