Legislature(2017 - 2018)BELTZ 105 (TSBldg)

04/17/2018 09:00 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 170 AK SECURITIES ACT; PENALTIES; CRT. RULES TELECONFERENCED
Heard & Held
+= HB 355 FIRE;FOREST LAND; CRIMES;FIRE PREVENTION TELECONFERENCED
Heard & Held
+= HB 307 MILITARY JUSTICE & MILITIA CIVIL RELIEF TELECONFERENCED
Moved SCS CSHB 307(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 307-MILITARY JUSTICE & MILITIA CIVIL RELIEF                                                                     
                                                                                                                                
9:23:03 AM                                                                                                                    
CHAIR COGHILL  announced the  consideration of  HB 307  and noted                                                               
the proposed committee substitute (CS).                                                                                         
                                                                                                                                
9:23:33 AM                                                                                                                    
SENATOR COSTELLO moved  to adopt the work draft Senate  CS for HB                                                               
307, version 30-LS1099\U, as the working document.                                                                              
                                                                                                                                
CHAIR COGHILL objected for an explanation.                                                                                      
                                                                                                                                
9:23:57 AM                                                                                                                    
SENATOR SHOWER joined the committee.                                                                                            
                                                                                                                                
9:24:07 AM                                                                                                                    
REPRESENTATIVE  CHRIS  TUCK,  Alaska State  Legislature,  Juneau,                                                               
Alaska, sponsor of  HB 307, said Kendra Kloster  would go through                                                               
the changes.                                                                                                                    
                                                                                                                                
9:24:19 AM                                                                                                                    
KENDRA KLOSTER,  Staff, Representative  Chris Tuck,  Alaska State                                                               
Legislature, Juneau, Alaska, stated that  version U is the result                                                               
of work by the Department of  Public Safety and the Department of                                                               
Military & Veterans Affairs (DMVA)  to ensure that the bill works                                                               
as intended.  She reviewed the  changes that appear in  version U                                                               
speaking to the following prepared document:                                                                                    
                                                                                                                                
     The  bill adds  sex offender  registration requirements                                                                    
     for  certain Alaska  Code  of  Military Justice  (ACMJ)                                                                    
     offenses.  Consistent  with  other Alaska  crimes  that                                                                    
     require  registration,  this  adds the  requirement  to                                                                    
     register   for   convictions   under  laws   of   other                                                                    
     jurisdictions  similar   to  those  ACMJ   offenses  to                                                                    
     sections 1, 2, and 3.                                                                                                      
                                                                                                                                
     Adds to  Section 3 a  limitation on the  requirement to                                                                    
     register under  AS 26.05.893 similar to  the limitation                                                                    
     on the  registration requirement on AS  26.05.890. This                                                                    
     ensures the registration  requirements apply to similar                                                                    
     offenses as  those under the  Alaska criminal  code and                                                                    
     are not overly broad.                                                                                                      
                                                                                                                                
     Section 11 changes the basis  of defining ACMJ offenses                                                                    
     as  felony  or  misdemeanor  to  the  possible  penalty                                                                    
     rather  than the  actual penalty.  This corresponds  to                                                                    
     the  definition of  felony  and  misdemeanor crimes  in                                                                    
     common law and the Alaska criminal code.                                                                                   
                                                                                                                                
     Sections   5  and   40  extend   DNA  and   fingerprint                                                                    
     collection requirements that  exist for civilian crimes                                                                    
     to ACMJ crimes.                                                                                                            
                                                                                                                                
     Maximum penalties  are added  to the new  ACMJ offenses                                                                    
     in the bill consistent  with the formulation of already                                                                    
     existing ACMJ offenses.  The punishments are consistent                                                                    
     with the punishments under the  federal Uniform Code of                                                                    
     Military  Justice. [These  changes  appear in  Sections                                                                    
     12, 14, 15, 17, 19, 20, 21, 22, 26, 31, 36, and 38.]                                                                       
                                                                                                                                
9:28:39 AM                                                                                                                    
CHAIR COGHILL  noted that  Captain Blake  Circle with  the Alaska                                                               
Army National Guard was available to answer questions.                                                                          
                                                                                                                                
SENATOR COSTELLO asked the sponsor  if he had contemplated making                                                               
the bill retroactive.                                                                                                           
                                                                                                                                
REPRESENTATIVE TUCK answered no.                                                                                                
                                                                                                                                
SENATOR SHOWER  asked if 20 years  of age referenced in  the bill                                                               
matches the federal Uniform Code of Military Justice (UCMJ) law.                                                                
                                                                                                                                
9:30:20 AM                                                                                                                    
CAPTAIN BLAKE  CIRCLE, Alaska Army National  Guard, JBER, Alaska,                                                               
replied  the under  20 years  of  age limitation  is intended  to                                                               
mirror the cutoff for like civilian crimes.                                                                                     
                                                                                                                                
CHAIR COGHILL asked the sponsor if he had anything to add.                                                                      
                                                                                                                                
MS.  KLOSTER  deferred  to  Captain  Circle  to  comment  on  the                                                               
changes.                                                                                                                        
                                                                                                                                
CAPTAIN CIRCLE  said DMVA worked  closely with the  Department of                                                               
Public Safety (DPS) and the Department  of Law to develop the CS.                                                               
DMVA supports the bill at this point.                                                                                           
                                                                                                                                
9:32:06 AM                                                                                                                    
CHAIR COGHILL removed his objection and version U was adopted.                                                                  
                                                                                                                                
9:32:28 AM                                                                                                                    
SENATOR COSTELLO  moved to  report the  Senate CS  for CS  for HB                                                               
307, version  U, from  committee with  individual recommendations                                                               
and attached zero fiscal note(s).                                                                                               
                                                                                                                                
CHAIR  COGHILL found  no objection  and SCS  CSHB 307(JUD)  moved                                                               
from the Senate Judiciary Standing Committee.                                                                                   

Document Name Date/Time Subjects
HB 355 - Letter of Support - Alaska Fire Chiefs.pdf SJUD 4/17/2018 9:00:00 AM
HB 355
HB 355 - Letter of Support - Kenai Peninsula Borough.pdf SJUD 4/17/2018 9:00:00 AM
HB 355
HB 355 - Sponsor Statement.pdf SJUD 4/17/2018 9:00:00 AM
HB 355
HB 355 - Sectional Summary (ver. O).PDF SJUD 4/17/2018 9:00:00 AM
HB 355
HB 355 - Letter of Support - DOF.pdf SJUD 4/17/2018 9:00:00 AM
HB 355
HB 355 - Supporting Document - DOF One-Pager.pdf SJUD 4/17/2018 9:00:00 AM
HB 355
HB 170 - Supporting Document - NASAA.PDF SJUD 4/17/2018 9:00:00 AM
HB 170
HB 170 - Supporting Document - ANCSA.pdf SJUD 4/17/2018 9:00:00 AM
HB 170
HB 170 - Sponsor Statement.pdf SJUD 4/17/2018 9:00:00 AM
HB 170
HB 170 - Supporting Document - Repealers.pdf SJUD 4/17/2018 9:00:00 AM
HB 170
HB 170 - Summary of Changes (ver. O to ver. R).PDF SJUD 4/17/2018 9:00:00 AM
HB 170
CS for HB 307 - Version U.PDF SJUD 4/17/2018 9:00:00 AM
HB 307
HB 307 - Sectional Summary (ver. U).pdf SJUD 4/17/2018 9:00:00 AM
HB 307
HB 307 - Explanation of Changes (ver. J to ver. U).pdf SJUD 4/17/2018 9:00:00 AM
HB 307