Legislature(2019 - 2020)BELTZ 105 (TSBldg)
03/20/2020 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB124 | |
| SB8 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 123 | TELECONFERENCED | |
| *+ | HB 124 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 8 | TELECONFERENCED | |
SB 8-ACCESS TO MARIJUANA CONVICTION RECORDS
2:35:01 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SENATE BILL NO. 8, "An Act restricting the
release of certain records of convictions; amending Rule 37.6,
Alaska Rules of Administration; and providing for an effective
date." [The committee adopted Version S as the working document
during the 3/16/20 hearing.]
2:35:11 PM
MERCEDES COLBERT, Staff, Senator Tom Begich, Alaska State
Legislature, Juneau, Alaska, introduced herself.
2:35:45 PM
At-ease.
2:36:18 PM
CHAIR COGHILL reconvened the meeting.
2:37:02 PM
SENATOR MICCICHE moved to adopt Amendment 1, S.4.
31-LS0208\S.4
Radford
3/16/20
A M E N D M E N T 1
OFFERED IN THE SENATE BY SENATOR MICCICHE
TO: CSSB 8(JUD), Draft Version "S"
Page 3, line 8:
Delete "a new section"
Insert "new sections"
Page 3, following line 8:
Insert a new section to read:
"Sec. 22.35.035. Records concerning minor
offenses. (a) The Alaska Court System may not publish
on a publicly available website a court record of a
minor offense case if
(1) 10 years have elapsed since the final
disposition of the case; and
(2) the only charges filed in that case
were minor offense charges.
(b) This section does not apply to a case in
which a criminal offense is charged along with a minor
offense.
(c) In this section, "minor offense" means
(1) an offense classified by statute as an
infraction or a violation;
(2) an offense for which a bail forfeiture
amount has been authorized by statute and established
by supreme court order;
(3) a municipal motor vehicle or traffic
offense for which a fine amount has been established
in a fine schedule adopted by municipal ordinance
under AS 28.05.151;
(4) an offense under a statute or municipal
ordinance for which a conviction cannot result in
incarceration or the loss of a valuable license and
for which a fine schedule has been established under
AS 29.25.070(a);
(5) an offense under a statute or municipal
ordinance for which a conviction cannot result in
incarceration, a fine greater than $1,000, or the loss
of a valuable license;
(6) a violation of a fish and game
regulation charged as a strict liability offense; or
(7) a commercial fishing offense listed in
AS 16.05.722 charged as a strict liability offense."
CHAIR COGHILL objected for discussion purposes.
SENATOR MICCICHE said this is a philosophical point for him. The
bill would restrict the release of certain records of
convictions for the simple possession of marijuana when no other
crime was committed. However, there was no way to legally obtain
marijuana, which means the person had to break two laws:
purchasing the marijuana from a drug dealer or friend and using
the substance. He said that he understands the purpose of the
bill and thinks he can support it. However, it seems ironic that
the convictions will be removed from CourtView because the
person broke at least one law to acquire the marijuana and
simple violations remain on CourtView forever.
He related his understanding that the sponsor does not object to
Amendment 1, which if 10 years have elapsed since the final
disposition, [the Alaska Court System] may not publish on
CourtView the minor offense as listed in subsection (c)], which
he summarized. He related his understanding that a person could
still obtain the information from the Department of Public
Safety (DPS) but it would not be listed on CourtView.
2:40:17 PM
MS. COLBERT stated that Senator Begich was neutral on Amendment
1 and asked the record to reflect that he had some minor
offenses that were at least 10 years old that would be subject
to Amendment 1. She said Senator Begich did due diligence by
checking with Legislative Legal Services and the Select
Committee on Legislative Ethics to ensure that no issue arose.
Ultimately, because so many Alaskans would benefit, he would not
benefit any more than anyone else.
2:41:05 PM
SENATOR MICCICHE asked the record to reflect that he also had
minor offenses that were more than ten years old.
CHAIR COGHILL remarked that some people, including himself, did
not get caught committing minor offenses.
SENATOR KIEHL agreed.
2:41:34 PM
SENATOR HUGHES said she might have a speeding ticket that would
be removed if SB 8 passes. She asked how labor intensive this
would be for the court system and if it would trigger a fiscal
note. She asked if the term "valuable license" was defined in
statute.
2:42:35 PM
CHAIR COGHILL deferred to Senator Micciche and Nancy Meade with
the Alaska Court System to respond.
SENATOR MICCICHE said he asked the questions because he would
not have supported the bill if it was burdensome. He deferred to
Nancy Meade to further respond.
2:43:15 PM
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System, Anchorage, Alaska, confirmed that the Alaska Court
System can remove those 10-year-old minor offenses without a
fiscal impact. She estimated that it would take 20 hours to
write the program and do a daily run. The court system can do
this with existing resources. The bill has an extended effective
date so it would not result in any impact. She advised that the
language on page 1, line 14 of Amendment 1, subsection (c),
defines "minor offense." This language mirrors the Alaska Court
System's definition of minor offense, which is found at the
beginning of the court system's rules of minor offense
procedures. Under the bill, the statute and rule would be the
same so there should not be any confusion.
2:45:06 PM
SENATOR MICCICHE related his understanding that a "valuable
license" would be if a person lost a license.
MS. MEADE referred to lines 21-23 [paragraph (4)]. She said the
offense cannot result in the loss of a license, because a
conviction that results in the loss of a license escalates to
something more than a minor offense. This provision ensures that
only the offenses not subject to harsh punishment, such as
taking away a person's license, are minor offenses.
2:46:13 PM
SENATOR HUGHES observed that there were different types of
licenses and asked how the term "valuable" was defined and who
would make the determination.
MS. MEADE said she didn't know which particular licenses were
described as valuable, but she recalled that it included a
professional license. For example, if a conviction caused a
person to lose his or her medical license, the status of the
offense would elevate to more criminal than minor. She said
valuable license is not defined, but the language is taken from
a court decision related to minor consuming. The court
determined that when a minor lost his or her driver's license,
it was the loss of a valuable license. Therefore, minor
consuming alcohol could not be considered a minor offense. She
pointed out that has subsequently been changed since minor
consuming currently is a violation and the individual does not
lose his or her driver's license. She explained that once an
individual can lose his or her license, the person has more at
stake, so the court does not consider it to be a minor offense.
2:48:12 PM
SENATOR REINBOLD said she did not support the bill or Amendment
1.
MS. MEADE said the Alaska Court System was neutral on the bill.
2:48:54 PM
CHAIR COGHILL removed his objection.
SENATOR REINBOLD objected.
2:49:19 PM
A roll call vote was taken. Senators Kiehl, Hughes, Micciche,
and Coghill voted in favor of Amendment 1 and Senator Reinbold
voted against it. Therefore, Amendment 1 was adopted by a 4:1
vote.
2:50:15 PM
SENATOR HUGHES moved to adopt Amendment 2, S.5.
31-LS0208\S.5
Radford
3/20/20
A M E N D M E N T 2
OFFERED IN THE SENATE BY SENATOR HUGHES
TO: CSSB 8(JUD), Draft Version "S"
Page 1, line 9:
Delete "certain types of criminal history
background checks"
Insert "publication on a publicly available
Internet website"
Page 1, line 12, through page 3, line 7:
Delete all material.
Renumber the following bill sections accordingly.
Page 3, line 10, following "possession.":
Insert "(a)"
Page 3, following line 17:
Insert a new subsection to read:
"(b) The Alaska Court System shall
(1) issue a notice on its publicly
available Internet website that court records under
(a) of this section have been removed from the
publicly available Internet website; and
(2) provide information on how to obtain a
criminal history record that includes the information
removed under (a) of this section."
CHAIR COGHILL objected for discussion purposes.
SENATOR HUGHES explained that Amendment 2 maintains the focus on
removal of the records from CourtView but would not keep the
Department of Public Safety from releasing the record. It also
directs the court system to add a notice on its homepage that
certain conviction records may have been removed. A link would
inform the party how to obtain a full record from the
department.
She said she had compassion for people who were trying to find
work and had taken ownership of their mistakes. She also
believes that the legislature should do what it can to ensure
that prior offenders remain ex-offenders and not repeat
offenders. However, as Senator Micciche pointed out, possession
of marijuana was illegal when the person was initially charged
and convicted and for the state to disregard that someone broke
the law makes it an accomplice in a lie of omission. She
elaborated that purchasing marijuana would have been an illegal
black market purchase unless the person grew his or her own
marijuana.
SENATOR HUGHES said she was not endorsing or opposing the voter
initiative with Amendment 2, but rather asking if the state
should participate in hiding the person's crime. It would set
bad precedent, she said. Potential employers need to know that
their applicants have the highest regard for the law. She
speculated on who might want to know about the conviction and
offered her view that Amendment 2 was a fair compromise. It
allows the record to be removed from CourtView, but it informs
the public that some records may have been removed and provides
instructions on how to obtain a full record. She maintained that
it would still assist the bill sponsor with his efforts to help
Alaskans who have a history of past marijuana possession to find
meaningful employment. She offered her view that Amendment 2 did
not hurt the spirit or goal of SB 8.
2:54:53 PM
CHAIR COGHILL maintained his objection and asked the bill
sponsor to speak to Amendment 2.
2:55:03 PM
SENATOR BEGICH stated that Amendment 2 effectively renders the
bill meaningless. He disagreed that it was a compromise. He
explained the intent of SB 8 is consistent with actions being
taken throughout the nation. For example, Chicago has taken
similar actions that potentially affect millions of people. He
acknowledged that possession or use of marijuana used to be a
crime, but it is not a crime today. He pointed out that in
Virginia it was a crime just a few decades ago to marry someone
not of the same race. A person could not vote under the age of
21 until the U.S. Constitution was changed to allow it. He said
society is changing and evolving. He said that he defers to the
will of the committee but appreciated the opportunity to comment
on Amendment 2.
2:57:51 PM
SENATOR HUGHES respectfully disagreed with the bill sponsor that
Amendment 2 would harm the bill. She offered her view that it
would still help achieve the goal of the bill. She thought it
would be rare that someone would take the extra steps to go to
the Department of Public Safety to obtain additional information
on any minor offenses. Even if someone did and saw that the
person had been convicted of possession of marijuana, everyone
knows that it is legal now. She offered her view that removing
it from CourtView signals that it is no longer a law. She
offered her view that a small number of people will be impacted
by this and they would still be able to obtain jobs.
2:59:20 PM
SENATOR REINBOLD stated support for Amendment 2 and remarked
that she did not agree with the comparisons the bill sponsor
made since not everyone agrees that legalization of the
possession of marijuana is a positive or beneficial change.
3:00:21 PM
SENATOR MICCICHE said he had additional comments but the
committee time was over.
CHAIR COGHILL held SB 8 in committee with Amendment 2 pending.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 124 Sponsor Statement v. S 2.20.2020.pdf |
HJUD 2/24/2020 1:00:00 PM HJUD 2/26/2020 1:00:00 PM SJUD 3/20/2020 1:30:00 PM |
HB 124 |
| HB 124 Explanation of Changes v. A to v. S 2.21.2020.pdf |
HJUD 2/24/2020 1:00:00 PM HJUD 2/26/2020 1:00:00 PM SJUD 3/20/2020 1:30:00 PM |
HB 124 |
| HB 124 Sectional Analysis v. S 2.21.2020.pdf |
HJUD 2/24/2020 1:00:00 PM HJUD 2/26/2020 1:00:00 PM SJUD 3/20/2020 1:30:00 PM |
HB 124 |
| HB 124 Supporting Document - Letters Receieved by 2.21.2020.pdf |
HJUD 2/24/2020 1:00:00 PM HJUD 2/26/2020 1:00:00 PM SJUD 3/20/2020 1:30:00 PM |
HB 124 |
| HB 124 Fiscal Note DNR 2.28.20.PDF |
SJUD 3/20/2020 1:30:00 PM |
HB 124 |
| SB 8 Support Letter - AMIA - 2.25.20.pdf |
SJUD 3/18/2020 1:30:00 PM SJUD 3/20/2020 1:30:00 PM |
SB 8 |
| SB 8 Amendment S.4 3.20.20.pdf |
SJUD 3/20/2020 1:30:00 PM |
SB 8 |
| SB 8 Amendment S.5 3.20.20.pdf |
SJUD 3/20/2020 1:30:00 PM |
SB 8 |