Legislature(2019 - 2020)BUTROVICH 205

03/05/2019 03:30 PM STATE AFFAIRS

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 32 CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE TELECONFERENCED
Heard & Held
+= SB 23 APPROP:SUPP. PAYMENTS OF PRIOR YEARS' PFD TELECONFERENCED
Heard & Held
-Public Testimony on SB23/24 at Approx. 6:00 pm-
Must Call in Prior to 7:00 pm
<Time Limit May Be Set>
+= SB 24 PFD SUPPLEMENTAL PAYMENTS TELECONFERENCED
Heard & Held
-Public Testimony on SB23/24 at Approx. 6:00 pm-
Must Call in Prior to 7:00 pm
<Time Limit May Be Set>
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB  32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                  
                                                                                                                                
3:33:56 PM                                                                                                                    
CHAIR  SHOWER  announced  the  consideration  of  SENATE BILL  32  "An                                                          
Act   relating   to  criminal   law   and   procedure;   relating   to                                                          
controlled   substances;    relating   to  probation;    relating   to                                                          
sentencing;   relating   to   reports  of   involuntary   commitment;                                                           
amending   Rule   6,  Alaska   Rules  of   Criminal   Procedure;   and                                                          
providing for an effective date."                                                                                               
                                                                                                                                
He  stated  his  intent  to  hear   the  introduction  and  sectional                                                           
analysis.  He  advised  that  the  committee  would  review  the  bill                                                          
from  both  the state  affairs  and  judiciary  perspectives  because                                                           
the   judiciary   committee  chair   has   declared   a  conflict   of                                                          
interest  based  on [an  ethics committee  ruling]  about  House  Bill                                                          
44.                                                                                                                             
                                                                                                                                
He invited  Mr.  Henderson  to the  witness table  and  noted who  was                                                          
available to answer questions.                                                                                                  
                                                                                                                                
3:35:32 PM                                                                                                                    
ROBERT  HENDERSON,   Deputy  Attorney  General,   Criminal  Division,                                                           
Department  of  Law, Anchorage,  explained  that  at its  core, SB  32                                                          
is  designed  to  return  sentencing  classifications   to pre-Senate                                                           
Bill  91  law.  It  is  intended  to  ensure  that  prosecutors,   law                                                          
enforcement,   and  the  court  have  the  tools  to  respond  to  the                                                          
general   crime   trends.   The   bill   focuses   on   the  mandated                                                           
sentencing  criteria   that  must  be  assessed  including  community                                                           
condemnation,   reaffirmation    of  societal   norms,   general   and                                                          
specific   deterrents,  the   seriousness   of  the  offense,   victim                                                          
input,  restoration   of the  victim,  and  rehabilitation.   He  said                                                          
rehabilitation   and  treatment  are  priorities,  but  not  the  only                                                          
priorities. SB 32 is about balancing those things.                                                                              
                                                                                                                                
MR. HENDERSON  stated  that SB  32 returns  the statutory  scheme  for                                                          
drugs  to  pre-Senate  Bill  91  law. This  is  done  to  combat  drug                                                          
trafficking.  He  summarized  that  Senate  Bill  91 reduced  all  the                                                          
sentencing  and  statutory  schemes,  which impacted  the  ability  to                                                          
address  drug  trafficking.   SB 32  also  addresses  sentencing   for                                                          
both felonies  and  misdemeanors.  He noted  that the  parts of SB  32                                                          
that  are not  related  to  Senate  Bill  91, are  designed  to  close                                                          
gaps  or loopholes   that have  been  identified.  He  said  he  would                                                          
point these out in the sectional.                                                                                               
                                                                                                                                
3:38:13 PM                                                                                                                    
MR.  HENDERSON  delivered  the following  sectional  analysis  for  SB                                                          
32.                                                                                                                             
                                                                                                                                
     Section   1:  Clean  up  language.  Aligns  murder  in  the                                                                
     second  degree  when  a person  dies during  the  course of                                                                
     a  drug deal  with the  changes made  to the  drug statutes                                                                
     later in the bill.                                                                                                         
                                                                                                                                
     Section 2: Clean up language. Same change that is made                                                                     
     in sec. 1 is made in sec. 2 for murder of an unborn                                                                        
     child in the second degree.                                                                                                
                                                                                                                                
He explained  that  Sections  1 and  2 are  conforming  amendments  to                                                          
the  murder  statutes   to  include  the   new  misconduct  involving                                                           
controlled   substances  in  the  second   degree  into  the  "felony                                                           
murder rule."                                                                                                                   
                                                                                                                                
     Section 3  10: Removes inflation adjustment from                                                                           
     property crime statutes.                                                                                                   
                                                                                                                                
He  noted  that  the  inflation  adjustment,   which  was  created  by                                                          
Senate  Bill 91,  is repealed  from the  theft and  criminal mischief                                                           
statutes.                                                                                                                       
                                                                                                                                
     Section    11:    Defines    "prior    convictions"    when                                                                
     evaluating   the existence   of prior  convictions   in the                                                                
     recidivist theft statutes.                                                                                                 
                                                                                                                                
He explained  that  this  is a clarifying   amendment to  rectify  the                                                          
inadvertent omission of the definition.                                                                                         
                                                                                                                                
     Section   12     18:  Removes  inflation   adjustment  from                                                                
     property   crime  statutes.   [Also  referred   to  as  the                                                                
     theft and criminal mischief statutes.]                                                                                     
                                                                                                                                
     Section  19:  Adds to  the crime  of escape  in  the second                                                                
     degree  persons  who  are  under  the jurisdiction   of the                                                                
     Commissioner   of   Health  and   Social  Services   for   a                                                               
     felony   and  restricted   to  the  residence   then  leave                                                                
     their residence without permission.                                                                                        
                                                                                                                                
MR.  HENDERSON   clarified  that   this  is  about  the  Division   of                                                          
Juvenile  Justice  jurisdiction.  Escape  in the  second  degree is  a                                                          
class B felony.                                                                                                                 
                                                                                                                                
3:39:57 PM                                                                                                                    
SENATOR   MICCICHE  asked   him  to  explain,   to  the  public,   the                                                          
automatic inflation adjustment.                                                                                                 
                                                                                                                                
CHAIR  SHOWER   requested  members   limit  their  questions   to  key                                                          
points during the introduction.                                                                                                 
                                                                                                                                
MR.  HENDERSON  explained  that Senate  Bill  91 created  a mechanism                                                           
beginning  in  2020,  that  all  the property   thresholds  for  theft                                                          
offenses  would  automatically  increase  at  the rate  of inflation,                                                           
as determined  by  the Alaska  Judicial Council.  SB  32 repeals  that                                                          
in Sections 3-10 and Sections 12-18 for the following reasons:                                                                  
1)  as the  Department   of Law  outlined  in  its  review  of  Senate                                                          
Bill  91, there  may be  a separation  of powers  problem;  and 2)  it                                                          
eliminates   the   public  involvement    in  determining   what   the                                                          
thresholds  should  be. He  noted that  when  Senate Bill  54 reduced                                                           
the  felony   thresholds   to  $750,  public   involvement  was   very                                                          
important  in  determining  that  amount.  He reiterated   that SB  32                                                          
repeals the inflation adjustment.                                                                                               
                                                                                                                                
He continued the sectional analysis for SB 32.                                                                                  
                                                                                                                                
     Section   20: Makes  it  a  class  C  felony  to remove  an                                                                
     electronic   monitoring    device  or   leave   a  person's                                                                
     residence    while   under   official   detention    for   a                                                               
     misdemeanor   regardless   if  under  the  jurisdiction  of                                                                
     the  Department   of  Corrections   or  the  Department  of                                                                
     Health   and   Social   Services  [Division    of  Juvenile                                                                
     Justice].  Also  makes it  a class C  felony if  the person                                                                
     is  on  conditions  of  release  before  trial and  ordered                                                                
     to  electronic  monitoring  or  house arrest  by  the court                                                                
     and   the   person  removes   the   electronic   monitoring                                                                
     device or leaves one's residence without permission.                                                                       
                                                                                                                                
SENATOR  REINBOLD  asked  what  happens  if  a  person  on electronic                                                           
monitoring  doesn't   maintain  the  battery  and  the monitor   stops                                                          
working.  If  that  isn't  covered   in the  bill,   an amendment   is                                                          
needed, she said.                                                                                                               
                                                                                                                                
MR.  HENDERSON  replied that  would  be covered  under  the tampering                                                           
with physical evidence statute.                                                                                                 
                                                                                                                                
SENATOR REINBOLD asked him to follow up with the statute.                                                                       
                                                                                                                                
SENATOR   COGHILL   asked  for   clarification   that   this  is   new                                                          
language, not a repeal.                                                                                                         
                                                                                                                                
MR.  HENDERSON  said that's  correct;  both Sections  19  and 20  have                                                          
new language to fill gaps that have been identified.                                                                            
                                                                                                                                
3:43:52 PM                                                                                                                    
     Section  21:  Clean up  [conforming]  amendment  for change                                                                
     that  occurs  in section  22,  making failure  to  appear  a                                                               
     crime.                                                                                                                     
                                                                                                                                
     Section  22:  Removes 30  day grace  period for  defendants                                                                
     during  which  it was not  a crime to  fail to  show up for                                                                
     a  hearing.  Under  current  law,  it  is  not  a crime  to                                                                
     fail  to  appear  for a  court  hearing  unless the  person                                                                
     goes  30 days  or longer  without  making contact  with the                                                                
     court   or  fails  to  appear  with  the  intent  being  to                                                                
     avoid  prosecution.  This  section  removes  both  of those                                                                
     limitations.                                                                                                               
                                                                                                                                
He  explained  that failure  to  appear  refers to  a person  on  bail                                                          
release  who  is  ordered  by  the  court  to  appear  at  their  next                                                          
court  hearing and  they do not  show up.  Under Section  22, it  is a                                                          
class  C felony  offense  for  somebody  on  felony  bail  release  to                                                          
fail  to show  up for  a hearing.  It  is a class  A  misdemeanor  for                                                          
somebody  on  bail  for  a misdemeanor   to  fail  to show  up  for  a                                                          
hearing.                                                                                                                        
                                                                                                                                
SB  32  repeals   the  30-day  grace   period  that  Senate   Bill  91                                                          
created  for failing  to appear  or contact  the court  or absconding                                                           
or fleeing the jurisdiction to avoid prosecution.                                                                               
                                                                                                                                
SENATOR  COGHILL  said  later he  will  ask how  the  provisions  that                                                          
are being repealed have worked, both the pros and cons.                                                                         
                                                                                                                                
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section  23:  Amends  the  crime  of  violating  conditions                                                                
     of  release  which  relates to  conditions  imposed  by the                                                                
     court   on  persons  on  pretrial  release.   This  section                                                                
     makes  it a  class A misdemeanor  for  a person  to violate                                                                
     their  conditions  of release  if they  are on  release for                                                                
     a  felony  and  a  class  B  misdemeanor  if  they  violate                                                                
     while on conditions for a misdemeanor.                                                                                     
                                                                                                                                
He  noted  that  later on  the  bill  repeals  the  provision  that  a                                                          
violation  of  conditions  of release  (VCR)  is  five days  in  jail.                                                          
Returning   the  offense   to  a  class  A  misdemeanor,   given   the                                                          
changes  later  in  the  bill,  if  you're  convicted  of  a  class  A                                                          
misdemeanor  the  penalty  provision   is 0  to  1 year  in  jail.  If                                                          
it's  a class  B misdemeanor  it  would  become 0  to 90  days,  given                                                          
the changes later in the bill.                                                                                                  
                                                                                                                                
SENATOR  MICCICHE  questioned  the reason  that the  penalties  aren't                                                          
scaled  upward  for more  serious  crimes  that  a person  may  commit                                                          
while on electronic monitoring.                                                                                                 
                                                                                                                                
MR.  HENDERSON   replied   it's  about   striking   that  balance   he                                                          
described  earlier.   For  the escape   statutes,  the  intent  is  to                                                          
ensure  that   the  criminal   sanction  is   adequate  to  give   the                                                          
Department    of   Corrections    confidence    to   use   electronic                                                           
monitoring when appropriate.                                                                                                    
                                                                                                                                
SENATOR  REINBOLD  asked why  violating conditions  of  release  for a                                                          
felony  conviction  isn't  a felony  offense.  "That's  one huge  flag                                                          
I have on this bill," she said.                                                                                                 
                                                                                                                                
MR. HENDERSON  explained  that  violating  conditions  of release  are                                                          
not  standalone  new criminal  acts.  They're  criminal  acts because                                                           
of  the conditions   set by  the  court  for  a person  on  bail.  The                                                          
idea  is  to  ensure  that   a criminal   sanction  is  available   to                                                          
interrupt  that  behavior,  but it  should  not be  so large  that  it                                                          
is equivalent to the underlying offense.                                                                                        
                                                                                                                                
SENATOR   REINBOLD  said   she  wants   further   discussion  because                                                           
violating  certain   conditions  of  release   for  a  felon  is  very                                                          
serious.  She  cited the  example  of  a felon  approaching  a  victim                                                          
after they were told to stay away.                                                                                              
                                                                                                                                
3:50:14 PM                                                                                                                    
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section  24:  Makes  it a  class  A misdemeanor   to refuse                                                                
     to  provide a  DNA sample  when arrested  for  a qualifying                                                                
     offense.   Under   current  law,   those  arrested   for   a                                                               
     qualifying   offense   must  provide   a  DNA   sample  for                                                                
     inclusion   in  a  DNA  database.   However,  there  is  no                                                                
     enforcement    mechanism.    This    section    adds   that                                                                
     enforcement mechanism.                                                                                                     
                                                                                                                                
He  explained   that  under   the  current   law,  a  person   who  is                                                          
arrested  for a  qualifying  offense  must immediately   submit a  DNA                                                          
sample.  Also,  a person  who is  convicted  of a qualifying  offense                                                           
must  submit a  DNA sample  upon conviction;  failing  to  do so  is a                                                          
class  C felony  offense.  However,  current law  does  not provide  a                                                          
corresponding  enforcement  provision  for  failing to  provide a  DNA                                                          
sample  upon arrest.  Section  24  closes that  loophole  by creating                                                           
a  class   A  misdemeanor   offense   for  failing   to  provide   the                                                          
required  DNA  sample  upon  arrest.  The conforming   amendments  are                                                          
in Sections 25 and 26.                                                                                                          
                                                                                                                                
SENATOR  MICCICHE  asked for  clarification  that Sections  24-27  are                                                          
entirely new.                                                                                                                   
                                                                                                                                
MR.  HENDERSON  confirmed  that  these  are  new  sections;  they  are                                                          
not related to Senate Bill 91.                                                                                                  
                                                                                                                                
SENATOR   COGHILL  recalled   the  question   about  privacy   on  DNA                                                          
testing  and asked  if  there  had been  a court  challenge.  He  said                                                          
he  believes  that  was  the   reason  the  penalty  wasn't  provided                                                           
initially.                                                                                                                      
                                                                                                                                
MR. HENDERSON  said  the State  of Maryland  took its  statute on  the                                                          
issue  to the U.S.  Supreme  Court and  it was found  constitutional.                                                           
It  did not  violate  the  Fourth  Amendment  to seize  a  DNA  sample                                                          
for  introduction  into  CODIS if  the  person is  charged  with  what                                                          
the  court  characterized   as  a  "serious  offense."  He  explained                                                           
that  it  is  not  a  violation  of  constitutional   rights  because                                                           
technology    has   made   the   DNA   sample   no   different    than                                                          
fingerprints or other identifying information.                                                                                  
                                                                                                                                
CHAIR  SHOWER said  he has a  slight disagreement  but  would discuss                                                           
it later.                                                                                                                       
                                                                                                                                
SENATOR  REINBOLD  said  she  supports  the  provision   as a  way  to                                                          
prevent wrongful convictions.                                                                                                   
                                                                                                                                
3:53:33 PM                                                                                                                    
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section  25:  Clarifies  that  refusing  to  provide  a DNA                                                                
     sample   after  conviction,   as  a  part   of  a  person's                                                                
     sentence,    or  because   the   person   is  required   to                                                                
     register   as a  sex  offender  or  child  kidnapper,  is  a                                                               
     class C felony.                                                                                                            
                                                                                                                                
     Section   26:  Classification    section.  Classifies   the                                                                
     crime  of  violating  an  order to  submit  to DNA  testing                                                                
     upon arrest is a class A misdemeanor.                                                                                      
                                                                                                                                
     Section   27:  Enacts  a  generalized   threat  statute  to                                                                
     cover  when an  individual  threatens  to commit  a serious                                                                
     crime  which  reasonably  places  another  person  in fear.                                                                
     Covers  real  threats  of  violence  and  not simply  false                                                                
     threats.                                                                                                                   
                                                                                                                                
MR. HENDERSON  clarified  that  Section 27  is not related  to  Senate                                                          
Bill 91.                                                                                                                        
                                                                                                                                
CHAIR  SHOWER   commented  that  this   should  be  carefully   vetted                                                          
because  it  could  be  very  contentious.  He  added  that  for  this                                                          
committee  he will  focus  on protecting  citizens'  rights.  "As  you                                                          
get  to  the  point  where  we  dig deeper,   be prepared   to  answer                                                          
those  constitutional  questions,  because  they're going  to come  up                                                          
her," he advised.                                                                                                               
                                                                                                                                
MR. HENDERSON  opined  that  this generalized  threat  statute  should                                                          
hold  up  to  constitutional   challenge   because  similar  statutes                                                           
challenged  under  the  First  Amendment  have  not been  successful.                                                           
There  are  two reasons:  1)  the  mental  state employed   here is  a                                                          
reckless   disregard;   and  2)   the  person   must   be  placed   in                                                          
reasonable fear.                                                                                                                
                                                                                                                                
CHAIR  SHOWER said  he was just  warning  to be prepared  because  the                                                          
questions  would  be  hard  and  deep.  He added  that  he  takes  the                                                          
constitutional    obligation   to   protect   citizens'   rights   "as                                                          
seriously  as anybody  you're ever  going to see  in this building."                                                            
                                                                                                                                
3:56:33 PM                                                                                                                    
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section   28: Makes  the  crime  of  disorderly  conduct   a                                                               
     class   B misdemeanor   punishable  by  not  more  than  10                                                                
     days.                                                                                                                      
                                                                                                                                
He noted  that  Senate Bill  91  reduced the  penalty  for disorderly                                                           
conduct  to 24  hours  and SB  32 returns  it to  [not  more than]  10                                                          
days.                                                                                                                           
                                                                                                                                
     Section   29: Reenacts   class  A felony  level  crime  for                                                                
     the   distribution   of   [any  amount   of]   schedule  IA                                                                
     controlled   substances   [opioid   derivatives   including                                                                
     heroin,    Fentanyl,    and    Carfentanil]    and   making                                                                
     methamphetamine.                                                                                                           
                                                                                                                                
He said  Sections  29-37  collectively  return  the drug  laws to  the                                                          
pre-Senate  Bill  91  statutory  scheme.   He said  he  would  try  to                                                          
point out the repealed the provisions as he goes along.                                                                         
                                                                                                                                
SENATOR  REINBOLD  shared that  she  has ridden  along  with both  the                                                          
Anchorage  Police  Department   and  the Alaska   State  Troopers  and                                                          
this  section  is important  to  them. She  said  later she  will  ask                                                          
what   rights    law   enforcement    has   when   they   know    that                                                          
[methamphetamine]   is  being  manufactured  and  likely  distributed                                                           
in a building.                                                                                                                  
                                                                                                                                
MR.  HENDERSON  said he  made  a note  of the  request.  He continued                                                           
the sectional analysis for SB 32.                                                                                               
                                                                                                                                
     Section  30:  Renames AS  11.71.030,  misconduct  involving                                                                
     a   controlled   substance   in   the   second   degree  to                                                                
     misconduct   involving   a  controlled   substance  in  the                                                                
     third    degree.    Amends   the    statute    to   include                                                                
     manufacturing    or  distribution   of  any   amount  of   a                                                               
     schedule    IIA  or   IIIA   controlled   substance.   Also                                                                
     repeals  section  of law  regarding  the delivery  of 1g or                                                                
     more   of  a  schedule  IA  controlled   substance  or  2.5                                                                
     grams  or  more  of  a  schedule  IIA  or  IIIA  controlled                                                                
     substance   as the  amendments  in  the bill  focus  on the                                                                
     type  of drug  being distributed  and  not necessarily  the                                                                
     amount.                                                                                                                    
                                                                                                                                
He  explained   that   this  removes   the  threshold   in  the   drug                                                          
statutes   that  [Senate   Bill  91]   created  and   returns   it  to                                                          
previous  law where  the  amount of  drugs  being trafficked  becomes                                                           
a factor  (not the  factor)  in determining  the significance  of  the                                                          
drug  trafficking  behavior.  He  noted  that many  of  the repealers                                                           
found  in  Section  [51]  come  from  Section  30.  These  include  AS                                                          
11.71.030(a)(1) on page 16, (a)(4), (5), and (6) on page 17.                                                                    
                                                                                                                                
SENATOR  REINBOLD  mentioned   a park  in  her  community  where  drug                                                          
dealing  occurs  and  said  she would  like  a  discussion  about  the                                                          
prohibition   for   possessing   schedule   IA  and   IIA  controlled                                                           
substances   within  500  feet   of  a  school  [page  17,   line  15]                                                          
because that's fairly close.                                                                                                    
                                                                                                                                
CHAIR  SHOWER  added  that  he  wanted  a  discussion  about  whether                                                           
government   has  flexibility   to  react  to  changes  in   drug  use                                                          
patterns.                                                                                                                       
                                                                                                                                
MR. HENDERSON  asked  if he was  referring  to response  to new  drugs                                                          
that come on the market.                                                                                                        
                                                                                                                                
CHAIR SHOWER said yes.                                                                                                          
                                                                                                                                
MR.  HENDERSON  highlighted  that House  Bill  312 from  last session                                                           
allowed  the attorney  general  to  schedule new  drugs  at they  came                                                          
onto the market.                                                                                                                
                                                                                                                                
CHAIR  SHOWER said  he just wanted  to make  sure that  any loopholes                                                           
that  have come  to light  receive  attention  this year.  We want  to                                                          
get this right, he said.                                                                                                        
                                                                                                                                
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
        Section 31: Conforming amendment to the changes made                                                                    
     in section 30.                                                                                                             
                                                                                                                                
     Section  32:  Makes  the  possession  of  any  amount  of  a                                                               
     schedule  IA  (heroin)  or IIA (methamphetamine,   cocaine,                                                                
     PCP,  etc.)  controlled  substance and  various  amounts of                                                                
     IIIA, IVA, and VIA controlled substances a felony.                                                                         
                                                                                                                                
He  said  this  section  returns   possession  of  the  most  serious                                                           
drugs  to a felony  offense.  It  also returns  possession  of  larger                                                          
amounts  of schedule  IIIA, IVA,  and VA  controlled  substances  to a                                                          
class C felony offense.                                                                                                         
                                                                                                                                
     Section  33:  Conforming   amendment  to the  changes  made                                                                
     in section 32.                                                                                                             
                                                                                                                                
     Section   34:   Removes   possession   of  most   dangerous                                                                
     controlled   substances   from  the  crime   of  misconduct                                                                
     involving  a  controlled  substance  in  the fifth  degree,                                                                
     as  those  possessory  crimes  would  be a  class  C felony                                                                
     under the bill.                                                                                                            
                                                                                                                                
4:05:25 PM                                                                                                                    
SENATOR   MICCICHE   said  he   was  thinking   about   inserting   an                                                          
exception  for  legal  cannabis.   Because  a  number  of  people  are                                                          
concerned,  it's worth  clarifying  that this  does not  refer to  the                                                          
legal  cannabis industry.  He  said he'd  follow up  to discuss  where                                                          
that should be inserted.                                                                                                        
                                                                                                                                
MR. HENDERSON agreed it would clarify the intent.                                                                               
                                                                                                                                
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section  35:  Renames AS  11.71.060  "misconduct  involving                                                                
     a  controlled  substance  in the sixth  degree"  to conform                                                                
     with the changes made to the drug offense statutes.                                                                        
                                                                                                                                
     Section  36:  Conforming  amendment  to ["Good  Samaritan"]                                                                
     statute   prohibiting   prosecution   of  individuals   who                                                                
     seek   medical   or  law  enforcement   assistance   for   a                                                               
     person who is overdosing.                                                                                                  
                                                                                                                                
     Section  37:  Increases  the  maximum  period of  probation                                                                
     for  felony   sex  offenses  from  15  years  to  25.  Also                                                                
     increases   the  maximum   period  of  probation   for  any                                                                
     other offense to 10 years.                                                                                               
                                                                                                                                
He noted  that  Senate Bill  91 limited  the  time a person  could  be                                                          
placed  on  probation.   Section  [37]  changes   that  to  allow  the                                                          
court  to  impose  probation   for  the  time  necessary   to conform                                                           
their behavior and meet their probation conditions.                                                                             
                                                                                                                                
CHAIR  SHOWER  said  he  assumes  these  provisions   align  with  the                                                          
changes  in  other  bills but  wonders  what  happens  if  they  don't                                                          
all pass.                                                                                                                       
                                                                                                                                
MR.  HENDERSON  said  all  the  bills  act  in  concert  and  if  they                                                          
don't all pass, conforming amendments will be needed.                                                                           
                                                                                                                                
4:08:26 PM                                                                                                                    
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section   38       40:  Enhanced   sentences   for   making                                                                
     methamphetamine   around  children   or  engaging  children                                                                
     in  the  sale   of  methamphetamine   are  reenacted.  Also                                                                
     increases   the presumptive  sentencing   ranges  for class                                                                
     A, B, and C felonies.                                                                                                      
                                                                                                                                
     Felony                                                                                                                     
                   Current Law             SB 32                                                                              
     Level                                                                                                                      
     Class A       First Felony: 3-6       First Felony: 5-8                                                                    
                  (20 max)                (20 max)                                                                              
                   Second Felony: 8-12     Second Felony: 10-14                                                                 
                  (20 max)                (20 max)                                                                              
                   Third Felony: 13-20     Third Felony: 15-20                                                                  
                   (20 max)                (20 max)                                                                           
     Class B       First Felony: 0-2       First Felony: 1-3                                                                    
                  (10 max)                (10 max)                                                                              
                   Second Felony: 2-5      Second Felony: 4-7                                                                   
                  (10 max)                (10 max)                                                                              
                   Third Felony: 4-10      Third Felony: 6-10                                                                   
                   (10 max)                (10 max)                                                                           
     Class C       First Felony: 0-2       First Felony: 0-2                                                                    
                   (5 max)                 (5 max)                                                                              
                   Second Felony: 1-4      Second Felony: 2-4                                                                   
                   (5 max)                 (5 max)                                                                              
                   Third Felony: 2-5       Third Felony: 3-5                                                                    
                   (5 max)                 (5 max)                                                                            
                                                                                                                                
He explained  that  under felony  sentencing  rules,  the presumptive                                                           
range  is dictated  by  a person's  criminal  history  and  the  level                                                          
of   offense   for   which    they're   convicted.    The   range   of                                                          
incarceration  the  judge  may impose  for the  offender  who commits                                                           
the  typical offense  appears  as a  grid. Senate  Bill  91 moved  all                                                          
the presumptive  ranges  down  and Sections  38-40 seek  to move  them                                                          
back. The sectional has a chart that includes that and a matrix.                                                                
                                                                                                                                
Section  38 amends  the presumptive  ranges  for all  non-sex class  A                                                          
felony  offenses  to pre-Senate  Bill  91 law.  It also  reenacts  the                                                          
enhanced   penalty  provisions   for  manufacturing   methamphetamine                                                           
around children.                                                                                                                
                                                                                                                                
Section  39 increases  all presumptive   sentences for  non-sex  class                                                          
B felony offenses. It's about a two-year shift, he said.                                                                        
                                                                                                                                
Section  40  increases  all  presumptive  sentences  for  all non-sex                                                           
class C felony offenses.                                                                                                        
                                                                                                                                
4:10:26 PM                                                                                                                    
CHAIR   SHOWER  asked   if  it's  fair   to  describe   this  as   the                                                          
controlling document for all the other crime bill.                                                                              
                                                                                                                                
MR. HENDERSON agreed it is foundational.                                                                                        
                                                                                                                                
SENATOR  REINBOLD  said she  finds  it ridiculous  that  somebody  who                                                          
commits  their  first  felony  potentially  has zero  jail  time.  She                                                          
said  she   isn't  asking   for  the  discussion   today,  but   she's                                                          
flagging it.                                                                                                                    
                                                                                                                                
4:11:29 PM                                                                                                                    
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section  41:  Prohibits  the  suspension   or reduction  of                                                                
     the  period  of mandatory  probation   outlined  in statute                                                                
     for sex offenders.                                                                                                         
                                                                                                                                
He  said this  is  a provision  that  directly  ties  to some  of  the                                                          
other crime bills the committee has heard.                                                                                      
                                                                                                                                
     Section   42:  Returns   sentencing   range   for  class   A                                                               
     misdemeanors   to 0-[365  days]. [It  also repeals  the 30-                                                                
     day  cap  placed  on  some  misdemeanors  found  in  Senate                                                                
     Bill 91.]                                                                                                                  
                                                                                                                                
SENATOR  REINBOLD   said  she  wanted  it  on  the  record   that  the                                                          
sentencing  range  was reduced  from  0-365 days  down  to 0-30  days.                                                          
She  described  that as  a major  pet  peeve and  the 0-10  range  for                                                          
class  B misdemeanors  outrageous.  She  said  overall,  she loves  SB                                                          
32.                                                                                                                             
                                                                                                                                
4:12:48 PM                                                                                                                    
MR.  HENDERSON  pointed  out  that  in Section   42, the  aggravating                                                           
factors  that  were  created   for  misdemeanors  are  repealed.   The                                                          
need  for  and how  to  apply  the  aggravators  becomes  unnecessary                                                           
with  the return  to the  overall range  of one  year in  jail at  the                                                          
court's discretion.                                                                                                             
                                                                                                                                
     Section   43:  Returns   sentencing   range   for  class   B                                                               
     misdemeanors to 0-90 days.                                                                                                 
                                                                                                                                
     Section   44: Reenacts   prohibition  on  jail  time  for  a                                                               
     first   marijuana   offense  if   the  person   is  not  on                                                                
     probation or parole at the time of the offense.                                                                            
                                                                                                                                
He noted that this is outside AS 17.38, the regulation of                                                                       
marijuana provision.                                                                                                            
                                                                                                                                
     Section   45:  Repeals  requirement  that  a  person  serve                                                                
     their    sentence   for   a   first   DUI   on   electronic                                                                
     monitoring   or house  arrest.  Returns  discretion  to the                                                                
     commissioner   of  corrections   to  place  the  person  on                                                                
     electronic   monitoring  at  a private  residence  or  at  a                                                               
     community residential center.                                                                                              
                                                                                                                                
     Section  46:  The same changes  in section  45  are made in                                                                
     section  46  to the  statute  governing  refusal  to submit                                                                
     to a chemical test.                                                                                                        
                                                                                                                                
     Section  47:  Conforming  amendment  due  to the  enactment                                                                
     of   the   class   A  felony   level   offense    for  drug                                                                
     distribution.   Adds  that  conduct  to the  definition  of                                                                
     "illegal  activity  involving  a controlled  substance"  in                                                                
     the landlord tenant statutes.                                                                                              
                                                                                                                                
     Section   48:  Conforming   amendment.   Adds   all  felony                                                                
     level   drug   distribution    to   the  list   of   crimes                                                                
     involving   a minor  which  the  Department  of Health  and                                                                
     Social   Services   will   disclose   information   to  the                                                                
     public.                                                                                                                    
                                                                                                                                
     Section   49:   Requires   the  Alaska   Court   System  to                                                                
     transmit  information   regarding  involuntary  commitments                                                                
     that   have  occurred   since   October  1,   1981  to  the                                                                
     Department of Public Safety.                                                                                               
                                                                                                                                
He  clarified  that this  provision  is  not related  to  Senate  Bill                                                          
91.  Current   law  does  not   allow  transmission   of  information                                                           
earlier  than  2014  and this  allows  that  sharing  to  ensure  that                                                          
DPS  and  the  national   database  has  the   information  necessary                                                           
regarding involuntary commitments.                                                                                              
                                                                                                                                
4:15:28 PM                                                                                                                    
SENATOR  MICCICHE  asked what  problem  the provision   was trying  to                                                          
solve   since  involuntary    commitments   don't   necessarily   have                                                          
anything  to  do with  criminal  activity.  He opined  that  it  seems                                                          
like  a disincentive   for families  to  get someone  needed  help  if                                                          
it ends up in DPS records.                                                                                                      
                                                                                                                                
MR. HENDERSON  said  this  tries to  close a  gap in current  law.  If                                                          
somebody   has  been   involuntarily   committed,   that   person   is                                                          
prohibited  from  possessing  firearms   under  federal  law. Sharing                                                           
the  information  with  DPS  authorizes   that  agency  to  share  the                                                          
information  with  the  national  instant  background   check system.                                                           
This ensures that the prohibited person cannot obtain a firearm.                                                                
                                                                                                                                
SENATOR  MICCICHE  said he  needed  to understand  more  details,  but                                                          
it seems that there could be potential for misuse.                                                                              
                                                                                                                                
SENATOR   REINBOLD   noted  that   her   perspective   was  a   little                                                          
different.  She  mentioned  the  zookeeper  and  Orlando  murders  and                                                          
emphasized  the importance  of  closing  loopholes.  She acknowledged                                                           
that  this was  beyond  the scope  of  Section  49, but  she believes                                                           
that fixing  that  loophole it  an important  part of  the discussion                                                           
of SB 32.                                                                                                                       
                                                                                                                                
SENATOR  COGHILL  added  that  he  wants  the  courts  to  talk  about                                                          
what  they  can  and  can't  do  regarding   involuntary  commitments                                                           
because this will be no small task.                                                                                             
                                                                                                                                
     Section 50: Allows a person's rap sheet to be used at                                                                      
     grand  jury to  prove the  existence  of prior  convictions                                                                
     when  prior convictions  are an  element of  the offense.                                                                  
                                                                                                                                
He  said Section  50  is not  related  to Senate  Bill 91.  It  amends                                                          
Court  Rule 6(r)  to allow  a person's  electronic  criminal history,                                                           
which  is  technically   heresy,  to  be  used  at  grand   jury  (not                                                          
trial)  to prove  a predicate  offense.  Rule  6(r)  currently  allows                                                          
the  use  of this  information   at grand  jury  only  in  felony  DUI                                                          
cases.                                                                                                                          
                                                                                                                                
4:19:53 PM                                                                                                                    
SENATOR  REINBOLD  said she understands  that  it's the  law, but  she                                                          
has  a  hard time  accepting   that  information  on  a  person's  rap                                                          
sheet  related  to sexual  assault  is heresy.  She advised  that  she                                                          
was  considering  an  amendment  to allow  law  enforcement  to  enter                                                          
victims' testimony as evidence, not heresy.                                                                                     
                                                                                                                                
MR. HENDERSON continued the sectional analysis for SB 32.                                                                       
                                                                                                                                
     Section 51: Repealer section.                                                                                              
                                                                                                                                
     Section 52: Applicability section.                                                                                         
                                                                                                                                
     Section 53: Retroactivity section. Makes section 49                                                                        
     retroactive.                                                                                                               
                                                                                                                                
     Section 54: Conditional effect section for court rule                                                                      
     change.                                                                                                                    
                                                                                                                                
        Section 55: Immediate effective date for sections 49                                                                    
     and 55.                                                                                                                    
                                                                                                                                
        Section 56: July 1, 2019 effective date for all other                                                                   
     sections.                                                                                                                  
                                                                                                                                
4:21:32 PM                                                                                                                    
CHAIR  SHOWER stated  he  would hold  SB 32  in committee  for  future                                                          
consideration.                                                                                                                  

Document Name Date/Time Subjects
SSTA OFFICIAL AGENDA .pdf SSTA 3/5/2019 3:30:00 PM
Agenda
SB 32 Transmittal Letter.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 4/11/2019 3:30:00 PM
SB 32
SB 32 - Classification and Sentencing Highilghts.pdf SJUD 2/6/2019 1:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SSTA 4/9/2019 3:30:00 PM
SSTA 4/11/2019 3:30:00 PM
SSTA 4/15/2019 6:00:00 PM
SSTA 4/16/2019 3:30:00 PM
SSTA 4/18/2019 1:30:00 PM
SB 32
SB 32 - Classification and Sentencing Sectional.pdf SJUD 2/6/2019 1:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SSTA 4/16/2019 3:30:00 PM
SSTA 4/18/2019 1:30:00 PM
SB 32
SB 32-FN1-DPS.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB 32-FN2-DOL.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB 32-FN5-DHSS.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB32-FN6-DOC.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB32-FN-Court System.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB32-FN-DOA-Public Advocacy.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB32-FN-DOA-Public Defender Agency.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB 23 TL - Senate President.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB0023A.PDF SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB23 Sectional.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB 24 TL - Senate President.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SB 24
SB0024A.PDF SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SB 24
SB24 Sectional.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 24
SB 24 Fiscal Note.PDF SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 24
SB 23 and 24 presentation.pptx SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB 24
SB32 - Version A.pdf SJUD 2/6/2019 1:30:00 PM
SJUD 2/8/2019 1:30:00 PM
SJUD 2/9/2019 1:00:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 4/4/2019 1:30:00 PM
SSTA 4/9/2019 3:30:00 PM
SSTA 4/11/2019 3:30:00 PM
SSTA 4/15/2019 6:00:00 PM
SB 32
DOR S STA Letter.2.26.2019.pdf SSTA 3/5/2019 3:30:00 PM
DOR PFD Info
23&24 (IN FAVOR) Written Testimony(uploaded 03-06-19).pdf SSTA 3/5/2019 3:30:00 PM
SB 23
SB 24
Written Testimony (IN FAVOR)
23&24 (NOT IN FAVOR) Written Testimony(uploaded 03-06-19).pdf SSTA 3/5/2019 3:30:00 PM
SB 23
SB 24
Written testimony (not in favor)
23&24 (VARIOUS TESTIMONY) (uploaded 03-06-19).pdf SSTA 3/5/2019 3:30:00 PM
SB 23
SB 24
Written Testimony (various comments)
SB 32 Support Crime Bills AACOP.pdf SSTA 3/5/2019 3:30:00 PM
SB 32
SB 32 - PSEA Letter of Support.pdf SSTA 3/5/2019 3:30:00 PM
SB 32