Legislature(2017 - 2018)BELTZ 105 (TSBldg)
04/17/2018 09:00 AM JUDICIARY
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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.